Akash Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72152 of 2024 Arising Out of PS. Case No.-289 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== Akash Kumar Pandit S/o Dilip Pandit @ Dilip Kumar Pandit R/o VillageDibbi Pakri, P.S.- M.H.Nagar, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with Daraunda (M.H. Nagar) P.S. Case No. 289 of 2022, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant, being husband of the deceased. It is next submitted that informant alleges that his sister was married to the petitioner on 14-52022 and after marriage, the accused persons including the

Patna High Court CR. MISC. No.72152 of 2024(2) dt.18-01-2025 2/3 petitioner were demanding Rs. 75,000/- by way of dowry, further on 31-10-2022, the informant was informed upon his mobile that his sister was killed, accordingly he reached the matrimonial home of her sister and saw her dead body lying in the courtyard.

4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the allegation of demand of dowry is general and omnibus in nature. It is also submitted that informant is not an eyewitness to the occurrence and the entire allegation hinges around suspicion and the deceased committed suicide. It is next submitted that petitioner is in custody since 4-9-2023.

5.

The learned APP opposes regular bail application and submits that from perusal of the order impugned, it would manifest that the doctors have opined the cause of death as asphyxia due to anti-mortem injury caused by strangulation. It is also submitted that the death took place within seven years of marriage, as such presumption in law is also against the petitioner and it appears that the deceased was strangulated to death.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.72152 of 2024(2) dt.18-01-2025 3/3 APP, the Court is not inclined to release the petitioner on bail. 7.

Accordingly, the prayer for regular bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T